Fire Safety | Kangs Regulatory Solicitors
It has recently been reported that two company directors, and their company, have been accused of breaking fire safety regulations at a block of flats in the West Midlands with the result that ninety residents have been re-housed.
Amandeep Murria of Kangs Solicitors comments upon the relevant law.
The Regulatory Reform (Fire Safety) Order 2005 (‘the Order’)
General Overview
The purpose of the Order is to simplify, rationalise and consolidate UK fire legislation and to shift the emphasis of fire prevention and the reduction of risk to employers/businesses from the fire authorities.
Prior to the Order, UK fire safety was covered by about seventy pieces of different legislation.
From the 1st October 2005 Fire Certificates are no longer issued and businesses have to carry out their own fire risk assessments.
Categories of Premises Affected
- Offices and retail premises
- Factories and warehouse storage premises
- All premises where the main use is to provide sleeping accommodation e,g hotels, guest houses B&Bs, holiday accommodation and the common areas of flats and maisonettes. Single private dwellings are excluded.
- Residential care premises
- Educational premises
- Small and medium places of assembly
- Large places of assembly
- Theatres, cinemas and similar premises
- Open air events and venues
- Healthcare premises
- Transport premises and facilities
- Animal premises and stables
- Means of escape for disabled people
Offences
32.—(1) It is an offence for any responsible person or any other person mentioned in article 5(3) to—
(a) fail to comply with any requirement or prohibition imposed by articles 8 to 22 and 38 (fire safety duties) where that failure places one or more relevant persons at risk of death or serious injury in case of fire;
(b) fail to comply with any requirement or prohibition imposed by regulations made, or having effect as if made, under article 24 where that failure places one or more relevant persons at risk of death or serious injury in case of fire;
(c) fail to comply with any requirement imposed by article 29(3) or (4) (alterations notices);
(d) fail to comply with any requirement imposed by an enforcement notice;
(e) fail, without reasonable excuse, in relation to apparatus to which article 37 applies (luminous tube signs)—
(i) to ensure that such apparatus which is installed in premises complies with article 37 (3) and (4);
(ii) to give a notice required by article 37(6) or (8), unless he establishes that some other person duly gave the notice in question;
(iii) to comply with a notice served under article 37(9).
(2) It is an offence for any person to—
(a) fail to comply with article 23 (general duties of employees at work) where that failure places one or more relevant persons at risk of death or serious injury in case of fire;
(b) make in any register, book, notice or other document required to be kept, served or given by or under, this Order, an entry which he knows to be false in a material particular;
(c) give any information which he knows to be false in a material particular or recklessly give any information which is so false, in purported compliance with any obligation to give information to which he is subject under or by virtue of this Order, or in response to any inquiry made by virtue of article 27(1)(b);
(d) obstruct, intentionally, an inspector in the exercise or performance of his powers or duties under this Order;
(e) fail, without reasonable excuse, to comply with any requirements imposed by an inspector under article 27(1)(c) or (d);
(f) pretend, with intent to deceive, to be an inspector;
(g) fail to comply with the prohibition imposed by article 40 (duty not to charge employees);
(h) fail to comply with any prohibition or restriction imposed by a prohibition notice.
Potential Penalties
(3) Any person guilty of an offence under paragraph (1)(a) to (d) and (2)(h) is liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or to both.
(4) Any person guilty of an offence under paragraph (1)(e)(i) to (iii) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) Any person guilty of an offence under paragraph (2)(a) is liable—
(a) on summary conviction to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(6) Any person guilty of an offence under paragraph (2)(b), (c), (d) or (g) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Any person guilty of an offence under paragraph (2)(e) or (f) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Defence
- Subject to article 32(11), in any proceedings for an offence under this Order, except for a failure to comply with articles 8(1)(a) or 12, it is a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
How Can We Help? | Kangs Health and Safety | Fire Safety Solicitors
Our specialist lawyers are able to provide advice and assistance throughout the entire criminal process, from the initial intervention by the relevant body through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.
The Courts are not afraid to impose severe penalties in recognition of the seriousness of individuals and companies flouting fire safety regulations.
Who Can I Contact For Help? | Kangs Solicitors
Please feel free to contact our team through any of the lawyers named below who will be happy to provide you with some initial advice and assistance.
Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888
John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 07989 521 210
Amandeep Murria
amurria@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396
